- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
Asylum seekers must apply within one year of entering the U.S. and demonstrate a well-founded fear of persecution.
Types of Asylum
- Affirmative Asylum: Individuals apply for asylum proactively through U.S. Citizenship and Immigration Services (USCIS) while already present in the U.S.
- Defensive Asylum: Asylum is requested as a defense against deportation during removal proceedings in immigration court. Read more here
What Are the Requirements to Petition for Asylum?
- Apply within one year of arrival in the U.S.
- Prove they have suffered or fear persecution based on the five protected grounds.
- Show that their home government is unable or unwilling to protect them.
- Not be barred due to serious criminal offenses or security risks.
Evidence Required for Asylum
- Personal statements detailing their experiences and fear of persecution.
- Country condition reports showing documented evidence of persecution in their home country.
- Witness statements from individuals who can corroborate their claims.
- Police reports, medical records, or other documents supporting their case.
Violence Against Women Act (VAWA)
VAWA allows certain abused spouses, children, and parents of U.S. citizens or lawful permanent residents to self-petition for legal status without the abuser’s knowledge. This protection is available to both men and women who meet the eligibility criteria.
Who Qualifies for VAWA?
- Spouses who have been abused by a U.S. citizen or lawful permanent resident.
- Children who have suffered abuse at the hands of a U.S. citizen or lawful permanent resident parent.
- Parents who have been abused by a U.S. citizen child.
Evidence Needed for a VAWA Petition
- Proof of a qualifying relationship (marriage certificate, birth certificate, etc.).
- Evidence of abuse, which can include police reports, medical records, photographs, sworn affidavits, or therapy records.
- Proof of good moral character, such as letters from community members or background checks.
Benefits of VAWA
- The ability to apply for a work permit and eventually obtain a green card.
- Protection from deportation and removal proceedings.
- The ability to apply without the abuser’s knowledge or consent.
Temporary Protected Status (TPS)
TPS is granted to individuals from countries experiencing armed conflict, environmental disasters, or extraordinary conditions that make return unsafe. TPS allows beneficiaries to live and work in the U.S. temporarily.
Who Qualifies for TPS?
- Nationals of a country designated for TPS by the U.S. government.
- Individuals who have continuously resided in the U.S. since the designation date.
- Applicants who meet eligibility requirements, including passing background checks.
Benefits of TPS
- Protection from deportation while TPS is in effect.
- The ability to obtain a work permit and driver’s license.
- The possibility of traveling outside the U.S. with advance parole.
Limitations of TPS
- TPS does not directly lead to a green card or citizenship.
- Status is temporary and subject to government renewal.
Frequently Asked Questions
A: Yes, asylum applicants can apply for a work permit if their case has been pending for 150 days.
A: Asylum cases can take several months to years, depending on the backlog and complexity of the case.
A: You may have the option to appeal, file a motion to reopen, or seek other forms of relief depending on your situation.
A: Asylees can live and work in the U.S., apply for a green card after one year, and eventually apply for citizenship.
A: Yes, asylum is available to individuals regardless of their manner of entry, as long as they meet the legal requirements.
A: No, but evidence such as medical records, witness statements, or therapy records can strengthen the case.
A: Yes, VAWA protections are available to both men and women who qualify as victims of abuse.
A: TPS does not directly lead to permanent residency, but beneficiaries may apply for other legal pathways if eligible.
A: TPS beneficiaries must apply for advance parole before traveling to avoid jeopardizing their status.
A: It depends on the type of conviction. Certain criminal offenses can make an applicant ineligible for TPS.
